INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • December 29th, 2023 • TCW ETF Trust • Delaware
INVESTMENT ADVISORY AGREEMENT, dated October 13, 2023, between TCW ETF Trust (the “Trust”), a statutory trust organized under the laws of the State of Delaware, and TCW Investment Management Company LLC, a limited liability company organized under the laws of the State of Delaware (the “Adviser”).
TCW ETF TRUST SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST DATED OCTOBER 13, 2023Agreement and Declaration of Trust • December 29th, 2023 • TCW ETF Trust
This SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST is made October 13, 2023 for the purpose of continuing the Trust as a Delaware statutory trust in accordance with the provisions hereinafter set forth.
SECOND AMENDED AND RESTATED BY-LAWS OF TCW ETF TRUSTBy-Laws • December 29th, 2023 • TCW ETF Trust
These Second Amended and Restated By-Laws (these “By-Laws”) of TCW ETF Trust (the “Trust”), a Delaware statutory trust, are subject to the Trust’s Second Amended and Restated Agreement and Declaration of Trust, dated October 13, 2023, as from time to time amended, supplemented, or restated (the “Trust Instrument”). Capitalized terms used herein which are defined in the Trust Instrument are used as therein defined. The provisions of Sections 11.6, 11.7, 11.11 and 11.12 of the Trust Instrument shall apply to these By-Laws mutatis mutandis. In the event of any inconsistency between the terms hereof and the terms of the Trust Instrument, the terms of the Trust Instrument control.
ETF DISTRIBUTION SERVICES AGREEMENTEtf Distribution Services Agreement • December 29th, 2023 • TCW ETF Trust • Delaware
THIS AGREEMENT made this 16th day of October, 2023, by and between TCW Investment Management Company LLC, a Delaware limited liability company (the “Adviser”), and Foreside Financial Services, LLC, a Delaware limited liability company (the “Distributor”).
AMENDMENT TO ADMINISTRATIVE AND TRANSFER AGENCY AGREEMENTAdministrative and Transfer Agency Agreement • December 29th, 2023 • TCW ETF Trust
THIS AMENDMENT TO ADMINISTRATIVE AND TRANSFER AGENCY AGREEMENT (this “Amendment”) is made on November __, 2023 by and between BROWN BROTHERS HARRIMAN & CO., a limited partnership organized under the laws of the State of New York (“Accounting Agent”), and TCW ETF TRUST (formerly, Engine No. 1 ETF Trust), a Delaware statutory trust (the “Trust”), on behalf of each portfolio listed on Appendix A to the Agreement (each, a “Portfolio”).
FUND OF FUNDS INVESTMENT AGREEMENTFund of Funds Investment Agreement • December 29th, 2023 • TCW ETF Trust
THIS AGREEMENT is made by and among each registrant identified on Schedule A (each, an “Acquiring Company”), each on behalf of itself and its series identified on Schedule A (if any), severally and not jointly (each, an “Acquiring Fund” and collectively, the “Acquiring Funds”), and each registrant identified on Schedule B (each, an “Acquired Company”), on behalf of itself and its series identified on Schedule B (if any), severally and not jointly (each, an “Acquired Fund” and collectively the “Acquired Funds” and together with the Acquiring Funds, the “Funds”), and shall become effective on [●] (the “Effective Date”).
